[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3193 Reported in Senate (RS)]

                                                       Calendar No. 498
112th CONGRESS
  2d Session
                                S. 3193

                          [Report No. 112-207]

To make technical corrections to the legal description of certain land 
  to be held in trust for the Barona Band of Mission Indians, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2012

Mrs. Feinstein (for herself, Mr. Akaka, and Mrs. Boxer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                            August 28, 2012

Reported, under authority of the order of the Senate of August 2, 2012, 
                    by Mr. Akaka, without amendment

_______________________________________________________________________

                                 A BILL


 
To make technical corrections to the legal description of certain land 
  to be held in trust for the Barona Band of Mission Indians, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Barona Band of Mission Indians Land 
Transfer Clarification Act of 2012''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the legal description of land previously taken into 
        trust by the United States for the benefit of the Barona Band 
        of Mission Indians may be interpreted to refer to private, 
        nontribal land;
            (2) there is a continued, unresolved disagreement between 
        the Barona Band of Mission Indians and certain off-reservation 
        property owners relating to the causes of diminishing native 
        groundwater;
            (3) Congress expresses no opinion, nor should an opinion of 
        Congress be inferred, relating to the disagreement described in 
        paragraph (2); and
            (4) it is the intent of Congress that, if the land 
        described in section 121(b) of the Native American Technical 
        Corrections Act of 2004 (118 Stat. 544) (as amended by section 
        3) is used to bring water to the Barona Indian Reservation, the 
        effort is authorized only if the effort also addresses water 
        availability for neighboring off-reservation land located along 
        Old Barona Road that is occupied as of the date of enactment of 
        this Act by providing guaranteed access to that water supply at 
        a mutually agreeable site on the southwest boundary of the 
        Barona Indian Reservation.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the legal description of the land placed 
        into trust for the Barona Band of Mission Indians in 2004; and
            (2) to remove all doubt relating to the specific parcels of 
        land that Congress has placed into trust for the Barona Band of 
        Mission Indians.

SEC. 3. LAND TRANSFER.

    Section 121 of the Native American Technical Corrections Act of 
2004 (Public Law 108-204; 118 Stat. 544) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Description of Land.--The land referred to in subsection (a) 
is land comprising approximately 86.87 acres in San Diego County, 
California, and described more particularly as follows: T. 14 S., R. 1 
E. San Bernardino Meridian; Section 21, SW\1/4\ SW\1/4\, excepting the 
north 475 ft.; W\1/2\ SE\1/4\ SW\1/4\, excepting the north 475 ft.; 
E\1/2\ SE\1/4\ SW\1/4\, excepting the north 350 ft.; Together with that 
portion W\1/2\ SE\1/4\, lying southwesterly of the following line: 
Beginning at the intersection of the southerly line of said SE\1/4\ 
Section 21 with the westerly boundary of Rancho Canada De San Vicente Y 
Mesa Del Padre Barona as shown on United States Government Resurvey 
approved January 21, 1939; thence northwesterly along said boundary to 
an intersection with the westerly line of said SE\1/4\; containing 
68.75 acres more or less; Section 28, NW\1/4\ NW\1/4\, excepting the 
east 750 ft.; containing 17.02 acres more or less.''; and
            (2) by adding at the end the following:
    ``(d) Clarifications.--
            ``(1) Effect on section.--The provisions of subsection (c) 
        shall apply to the land described in subsection (b), as in 
        effect on the day after the date of enactment of the Barona 
        Band of Mission Indians Land Transfer Clarification Act of 
        2012.
            ``(2) Effect on private land.--The parcel of private, non-
        Indian land referenced in subsection (a) and described in 
        subsection (b), as in effect on the day before the date of 
        enactment of the Barona Band of Mission Indians Land Transfer 
        Clarification Act of 2012, but excluded from the revised 
        description of the land in subsection (b) was not intended to 
        be--
                    ``(A) held in trust by the United States for the 
                benefit of the Band; or
                    ``(B) considered to be a part of the reservation of 
                the Band.''.
                                                       Calendar No. 498

112th CONGRESS

  2d Session

                                S. 3193

                          [Report No. 112-207]

_______________________________________________________________________

                                 A BILL

To make technical corrections to the legal description of certain land 
  to be held in trust for the Barona Band of Mission Indians, and for 
                            other purposes.

_______________________________________________________________________

                            August 28, 2012

                       Reported without amendment